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2000

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Articles 7921 - 7950 of 8644

Full-Text Articles in Law

Journal Of International Law Intellectual Property Symposium--The Conceptual Framework, Journal Of International Law Jan 2000

Journal Of International Law Intellectual Property Symposium--The Conceptual Framework, Journal Of International Law

Case Western Reserve Journal of International Law

concept paper


Cynthia Millen's The Right To Privacy In The United States And Ireland, Robert P. Lawry Jan 2000

Cynthia Millen's The Right To Privacy In The United States And Ireland, Robert P. Lawry

Case Western Reserve Journal of International Law

No abstract provided.


In Through The Side Door: Analyzing In Re Anikwata Under U.S. Asylum Law And The Torture Convention, James A. Lazarus Jan 2000

In Through The Side Door: Analyzing In Re Anikwata Under U.S. Asylum Law And The Torture Convention, James A. Lazarus

Case Western Reserve Journal of International Law

No abstract provided.


Volume 32 Issue 1 (2000), Cwru Journal Of International Law Jan 2000

Volume 32 Issue 1 (2000), Cwru Journal Of International Law

Case Western Reserve Journal of International Law

No abstract provided.


The Constitution Of Europe, By Joseph H. H. Weiler, Edward A. Mearns Jr. Jan 2000

The Constitution Of Europe, By Joseph H. H. Weiler, Edward A. Mearns Jr.

Case Western Reserve Journal of International Law

available after review at page 163


Masthead, Volume 32 Issue 1 (2000) Jan 2000

Masthead, Volume 32 Issue 1 (2000)

Case Western Reserve Journal of International Law

No abstract provided.


Trial By Jury: Right Or Privilege?, David P. Rowe Jan 2000

Trial By Jury: Right Or Privilege?, David P. Rowe

University of Miami International and Comparative Law Review

No abstract provided.


International Law And Practice: Dealing With The Past In The South African Experience, Kader Asmal Jan 2000

International Law And Practice: Dealing With The Past In The South African Experience, Kader Asmal

American University International Law Review

No abstract provided.


An Ideal Legal System For Attracting Foreign Direct Investment? Some Theory And Reality, Amanda Perry Jan 2000

An Ideal Legal System For Attracting Foreign Direct Investment? Some Theory And Reality, Amanda Perry

American University International Law Review

No abstract provided.


Financial Liberalization, International Monetary Dis/Order, And The Neoliberal State, Timothy A. Canova Jan 2000

Financial Liberalization, International Monetary Dis/Order, And The Neoliberal State, Timothy A. Canova

American University International Law Review

No abstract provided.


Electronic Uncertainty Within The International Trade Regime, Philip M. Nichols Jan 2000

Electronic Uncertainty Within The International Trade Regime, Philip M. Nichols

American University International Law Review

No abstract provided.


The Sheinbein Legacy: Israel's Refusal To Grant Extradiction As A Model Of Complexity, Jesse Hallee Jan 2000

The Sheinbein Legacy: Israel's Refusal To Grant Extradiction As A Model Of Complexity, Jesse Hallee

American University International Law Review

No abstract provided.


Multinational Enterprises And Human Rights, Cristina Baez, Michele Dearing, Margaret Delatour, Christine Dixon Jan 2000

Multinational Enterprises And Human Rights, Cristina Baez, Michele Dearing, Margaret Delatour, Christine Dixon

University of Miami International and Comparative Law Review

No abstract provided.


Comparative Law As A Comprehensive Approach: A European Tribute To Professor Jack A. Hiller, Bernhard Grossfield Jan 2000

Comparative Law As A Comprehensive Approach: A European Tribute To Professor Jack A. Hiller, Bernhard Grossfield

Richmond Journal of Global Law & Business

An aura of "malaise" hangs over the field of Comparative Law'- sometimes alluded to as the "drama" of Comparative Law (private and public). Indeed, the comparative scholar is often asked whether his work has any practical importance. This is the question he fears most. A German legal philosopher once criticized the whole approach as follows: "Nobody asks what comparative law is and how it should be pursued. Thus, it is less to build a new structure from the laws compared, but to leave an accumulation of raw bricks in a heap that will never be used." Still today it is …


A Re-Assessment Of Article Xx, Paragraphs (B) And (G), Of Gatt 1994 In The Light Of Growing Consumer And Environmental Concern About Biotechnology, Philip Bentley Q.C. Jan 2000

A Re-Assessment Of Article Xx, Paragraphs (B) And (G), Of Gatt 1994 In The Light Of Growing Consumer And Environmental Concern About Biotechnology, Philip Bentley Q.C.

Fordham International Law Journal

This Essay will seek to explain EU regulatory practice in relation to new technologies, principally GMOs, and to show that the EU should be able to find an approach that meets public concerns while remaining consistent with Article XX, paragraphs (b) and (g). This Essay will also identify those areas where Article XX, in its present form, it likely to be a source of justified public concern.


A Role For The Wto In International Merger Control, Andre Fiebig Jan 2000

A Role For The Wto In International Merger Control, Andre Fiebig

Northwestern Journal of International Law & Business

Although this paper follows on those new proposals, and addresses many of the same problems, the international merger control regime proposed here fundamentally differs in its approach. Although there is certainly a beneficial role for an international institution in merger control, the current proposals are too ambitious. Instead of focussing on the allocation of cross-border transactions, this paper suggests that the focus should be on the cases which present no treat to competition, and yet are scrutinized by several different national competition law regulators. An international institution, probably within the framework of the World Trade Organization ("WTO"), should be created …


Argentina And The Telecommunications Industry: The Difficult But Necessary Path Toward Liberalization, Vanessa P. Rubinstein Jan 2000

Argentina And The Telecommunications Industry: The Difficult But Necessary Path Toward Liberalization, Vanessa P. Rubinstein

Northwestern Journal of International Law & Business

This article provides a synopsis of Argentina's telecommunications industry and examines the compelling reasons why Argentina must effectively liberalize the industry while eliminating its hidden protectionist policies. Part II presents a historical overview of the Argentina's telecommunications industry and analyzes Argentina's domestic laws requiring liberalization. Part III explores the main economic policy reasons for why liberalization of the Argentine telecommunications industry is essential. Part IV offers recommendations to better achieve effective development, liberalization and competition in the telecommunications industry. This article concludes that Argentina must completely liberalize its telecommunications industry for basic services, thereby abiding by its domestic legal commitments …


Perspective: Foreign Direct Investments In China - Practical Problems Of Complying With China's Company Law And Laws For Foreign-Invested Enterprises, Anyuan Yuan Jan 2000

Perspective: Foreign Direct Investments In China - Practical Problems Of Complying With China's Company Law And Laws For Foreign-Invested Enterprises, Anyuan Yuan

Northwestern Journal of International Law & Business

Foreign investors in China face a legal system and legal issues that are very different from those found in the United States. This article seeks to illustrate some of the important differences in China's corporate law that govern or affect foreign investors' interests. The purpose of this article is to help foreign investors become aware of legal problems and investment risks in creating a foreign-invested enterprise in China. This article also proposes changes to existing Chinese laws that will more reasonably accommodate the legal concerns and protect the legal interests of foreign investors (as well as incidentally benefiting domestic Chinese …


Enforcement Against Counterfeiting In The People's Republic Of China, Daniel C.K. Chow Jan 2000

Enforcement Against Counterfeiting In The People's Republic Of China, Daniel C.K. Chow

Northwestern Journal of International Law & Business

Although the discussion in this Article is limited to counterfeiting in China, many of the issues discussed are endemic to the Chinese legal system as a whole, and apply also to other intellectual property rights, such as copyright piracy and patent infringements. Moreover, many of the themes raised in this Article also illuminate the current state of the nascent Chinese legal system as a whole and how its capacity is tested as it continues the struggle to keep pace with China's many economic reforms and accompanying social changes. Part I of this Article begins with a review of the enforcement …


Trade In Technology Within The Free Trade Zone: The Impact Of The Wto Agreement, Nafta, And Tax Treaties On The Nafta Signatories, Catherine Brown, Christine Manolakas Jan 2000

Trade In Technology Within The Free Trade Zone: The Impact Of The Wto Agreement, Nafta, And Tax Treaties On The Nafta Signatories, Catherine Brown, Christine Manolakas

Northwestern Journal of International Law & Business

Trade in technology and related services has assumed a major role both on the world trade agenda and within the NAFTA block. The success of such cross-border trade is dependent upon three factors: protection of intellectual property,' access to foreign markets by service providers, and a minimized risk of double taxation. Each of these factors is impacted by national laws, multinational conventions, and bilateral tax treaties. The last decade has witnessed an explosion of such legislation and agreements. This article focuses on Canada, Mexico and the United States, and explores the World Trade Organization Agreement ("WTO Agreement"), the North American …


Afterword: Antitrust And American Business Abroad Revisited, David J. Gerber Jan 2000

Afterword: Antitrust And American Business Abroad Revisited, David J. Gerber

Northwestern Journal of International Law & Business

Kingman Brewster's exceptionally influential Antitrust and American Business Abroad (1958) came to symbolize an era in antitrust law and in the relationship of U.S. business to international economic activity. It gave conceptual contours to a fundamental problem that had been only dimly perceived before -- namely, the need to define the reach of U.S. antitrust law.' In a masterful and much expanded third edition of the book, Professor Spencer Waller marks the transition to a new, very different, and far more complex era in antitrust law and in its significance for international business. We have only begun to recognize and …


Emu And The Role Of The National Central Banks In The Eurosystem, J. Alfred Broaddus Jr. Jan 2000

Emu And The Role Of The National Central Banks In The Eurosystem, J. Alfred Broaddus Jr.

Richmond Journal of Global Law & Business

J. Alfred Broaddus, Jr.'s comments at Davidson regarding the EMU and the role of the National Central Banks in the Eurosystem.


Negotiations And Agreements Are Better Than Legal Resolutions: A Response To Professor John Quigley, Shimon Shetreet Jan 2000

Negotiations And Agreements Are Better Than Legal Resolutions: A Response To Professor John Quigley, Shimon Shetreet

Case Western Reserve Journal of International Law

commentary


The Russian Death Penalty Dilemma: Square Pegs And Round Holes, Khadine L. Ritter Jan 2000

The Russian Death Penalty Dilemma: Square Pegs And Round Holes, Khadine L. Ritter

Case Western Reserve Journal of International Law

No abstract provided.


Protecting The Protectors: Preventing The Decline Of The Inter-American System For The Protection Of Human Rights, Michael F. Cosgrove Jan 2000

Protecting The Protectors: Preventing The Decline Of The Inter-American System For The Protection Of Human Rights, Michael F. Cosgrove

Case Western Reserve Journal of International Law

No abstract provided.


Hukum Islam : Antara Prinsip Syariah Dan Perbendaharaan Fiqh, Mohd. Saiba Yaacob Jan 2000

Hukum Islam : Antara Prinsip Syariah Dan Perbendaharaan Fiqh, Mohd. Saiba Yaacob

Student Works (2000-2009)

Title: Islamic Ruling: Between Principles of Shariah and Clasical Works of Fiqh. This dissertation begins with an assumption that Shariah has certain principles in deriving such a ruling (hukm) and formation of methods of ijtihad by fuqaha in explaining in details of positive laws had been done based on general principles mentioned in the Quran and Sunnah. The dissertation attempts to identify and elaborate in further details several matters. They are i) the general principles of Shariah ii) metodology of Shari ah in applying ruling during the Propet 's period iii) the purpose of Shariah (maqasid al­shafl'ah) and iv) their …


The Doctrine Of Certainty In The Islamic Methods Of Inference, Soualhi Yunus Jan 2000

The Doctrine Of Certainty In The Islamic Methods Of Inference, Soualhi Yunus

Student Works (2000-2009)

This thesis is an articulate study on the modes of inference in the legal field. Observing the huge legacy left by early and modem jurists on Usul al-Fiqh, one would find that the rules promulgated to regulate the operation of Ijtihad appears vacillating between certainty and uncertainty. A thorough examination of the criteria set by jurists to determine the accuracy of the legal proofs suggests that every thing appears to have been comprehensively tackled except "Certainty". A lack of an adequate theorization for certainty in the legal field is exactly what has prompted us to venture into this thesis. This …


Jihad Politik : Suatu Analisis Pemikiran Sa`Id Hawwa, Muhammad Pisol Mat Isa Jan 2000

Jihad Politik : Suatu Analisis Pemikiran Sa`Id Hawwa, Muhammad Pisol Mat Isa

Student Works (2000-2009)

Kajian ini adalah berbentuk Library research. Tujuan utama adalah untuk melihat proses perjalanan politik mengikut kaca mata Islam dan juga menjelaskan beberapa kekeliruan umat Islam dalam isu politik. Kajian ini juga cuba mengulaskan beberapa isu pokok seperti isu pengundian, pembinaan parti Islam, membina negara Islam, menyertai pilihan raya, berbilangan jemaah, bekerja dalam kerajaan bukan Islam, proses penurunan pemimpin melalui kaedah demokrasi dan lain-lain. Kajian ini mengambil Said Hawwa sebagai asas kajian pemikiran. ini kerana penulis mendapati beliau adalah antara tokoh yang terlibat secara langsung dalam politik dan banyak menulis buku-buku yang berkaitan dengannya. Hal ini memudahkan penulis mendapat maklumat dan …


Taklid Kepada Mazhab Syafie Dalam Amalan Berkaitan Zakat Padi Menurut Undang-Undang Zakat Negeri Kedah, Mahyuddin Abu Bakar Jan 2000

Taklid Kepada Mazhab Syafie Dalam Amalan Berkaitan Zakat Padi Menurut Undang-Undang Zakat Negeri Kedah, Mahyuddin Abu Bakar

Student Works (2000-2009)

The practice of " taklid " to mazhab Syafie in doing everyday religious activities has become a fonnality. not to mention as one of culture to the followers of Islam in this country. This phenomenon is a continuation from the influence of this mazhab which has been around since the existence of (slam in Malaysia. Hence. this research is done with the thought of looking at the true reality of taklid is accepted by Islam, especially in issue which are closely knitted with the religious issues, in addition to investigate its development among the Muslims, especially the Malays. Pertaining to …


An Evaluation On Project Financing Under Islamic Banking, Sugunadevi Arjunan Jan 2000

An Evaluation On Project Financing Under Islamic Banking, Sugunadevi Arjunan

Student Works (2000-2009)

Although Islamic banking has been in operation fo r more than a decade in Malaysia, it's market share and growth seem to be quite limited and fa ll far short of earlier projection. This study attempts to investigate one type of Islamic banking product, that is project financing. The objectives of the study are to assess the current level of Islamic project financing and its associated growth, to identify problems faced in the implementation of Islamic project financing under the Mudharabah and Musyarakah concepts and to demonstrate with a real life case study the costs of financing under Islamic banking …